(NAIROBI, KENYA) – Kenya’s succession law sets out clear rules on how a person’s property should be divided after their death, with a strong emphasis on fairness and equality for all children, regardless of the circumstances of their birth.
Under the law, the term “child” includes biological and adopted children, whether male or female, and whether born inside or outside of marriage. This covers children born within wedlock, those born out of wedlock, children recognised or acknowledged by the father, and even children unborn at the time of a parent’s death, provided the pregnancy is that of the deceased.
Stepchildren and adopted children are also legally recognised as entitled to inherit from the deceased’s estate.
The law aims to ensure equal rights for all children without discrimination based on birth circumstances or age. While it generally favours an equal division of property among all children, the courts have the discretion to award a larger share to one child in special circumstances, such as where that child cared for the deceased until their death.
Any person with a legitimate interest in the estate may apply to receive a greater share, or even the entire inheritance, if they can present valid reasons.
When deciding on the division of property, courts take into account factors such as each heir’s needs, their relationship with the deceased, their contribution to the deceased’s property, any prior gifts received, and any agreements made before death.
Parents who leave a written will may distribute property to their children in varying proportions, as long as the division is fair.
Grandchildren are entitled to inherit the share their parent would have received if they had been alive. This ensures that the descendants of a deceased child continue to benefit from the family estate.
Importantly, Kenya’s inheritance law makes no distinction between male and female children. Sons and daughters have the same legal right to inherit from their deceased parent’s estate, in keeping with principles of gender equality.